Yarbrough v. State

Citations

• 70 Miss. 593

Syllabus

<p>1. Argument. Failure of accused to testify. Comment. Code 1892, § 1741.</p> <p>Section 1741, code 1892, declaring that “ the failure of the accused, in any case, to testify shall not operate to his prejudice, or be commented on by counsel,” is imperative in forbidding any and all comment, friendly or unfriendly, as to such failure; counsel may not even call the attention of the jury to the fact.</p> <p>2. Same. Admonition. Failure of counsel to heed. New trial.</p> <p>Where counsel for the state refers to the failure of the accused to testify, and, being admonished by the court, continues the comment to the extent of stating an alleged reason for it, a new trial will be granted; and this without regard to the character .of the comment.</p>